36.06.020 Duties of Tribal Officers

(a) When responding to an Elder abuse situation, the primary duty of the Officer is to enforce the laws and ensure victim safety.

(b) If the victim is present when the officer arrests a person for Elder abuse, the officer shall advise the victim of reasonable means to prevent further abuse, the availability of a shelter, the availability of the Elder Protection Team and give the victim notice of any legal rights and remedies available.

(c) Whether or not the victim signs a complaint and whether or not the arrest is against the expressed wishes of the victim if probable cause exists that Elder abuse was committed the Officer shall arrest the perpetrator with or without a warrant.

(d) Whenever a law enforcement officer makes an arrest for Elder abuse, he/she shall complete and sign a complaint against the alleged abuser on behalf of the Turtle Mountain Tribe. He/she shall submit a detailed report of the circumstances of the arrest, along with statements from the victim and other witnesses.

(e) When the officer has probable cause to believe a crime of Elder abuse is occurring or has just occurred, a law enforcement officer need not obtain a search warrant in order to enter a residence or seize property.

(f) The victim shall be furnished with a copy of the following statement:

If you are the victim of Elder abuse and you believe that Law Enforcement protection is needed for your physical safety, you have the right to request that the officer assist you in obtaining your essential personal effects, locate or take you to a safe place, including but not limited to a shelter, a family member or friend's residence or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining medical treatment. You may request a copy of the report at no cost from Law Enforcement.

The office of Tribal Prosecution will be notified of the incident and they shall determine whether to file charges against your abuser. An emergency order of protection will be issued against your abuser at the time of arrest or at your request. You also have the right to go to Court and file a petition requesting any or all of the following temporary orders for relief

(1) An order restraining your abuser from abusing, harassing, stalking, threatening, annoying, telephoning or otherwise contacting you and committing other acts of abuse;

(2) An order removing your abuser from the residence regardless of ownership and to stay away with no contact;

(3) An order preventing your abuser from the residence regardless of ownership and to stay away with no contact;

(4) An order protecting other family and household members;

(5) An order directing your abuser to stay away from your or any other household members place of residence, school, place of employment, or any other specified place frequented by you;

(6) An order prohibiting your abuser from using or possessing any firearm or other weapon specified by the court;

(7) An order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, medical expenses, shelter expenses, court costs, and attorney fees.

The forms you need to obtain an order for protection are available from Victims of Crime Assistance and/or Clerk of Court. Victims of Crime Assistance is available to assist you in obtaining information relating to abuse, treatment of injuries and places of safety. You also have the right to seek reimbursement for losses suffered because of the abuse, including medical and moving expenses, loss of earnings, and other expenses for injuries sustained and damage to property. This can be done through Tribal Court. The written notice must not include the addresses or locations of shelters.

(g) A Law Enforcement Officer responding to an allegation of Elder abuse shall use all reasonable means to protect the victim and prevent further abuse, including but not limited to:

(1) Taking action necessary to provide for the safety of the Elder and any family or household member;

(2) Transporting or obtaining transportation for the victim to temporary shelter;

(3) Assisting the victim in obtaining immediate medical treatment, including transportation to a medical facility.

(4) Removal of any weapons from the perpetrator's immediate possession;

(5) Assisting the Elder in removing essential personal effects; and

(6) Giving the victim immediate and adequate notice of the victim's rights and the services available.

(h) When a perpetrator is scheduled to be released from custody or escapes from custody, the Police Department and/or Tribal Prosecutor shall make reasonable efforts to notify the victim prior to the release of the perpetrator.